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Zainudin Hasan; Dava Ival Fadhila; Dicky Kurniawan; Arya Oktama

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is an extraordinary crime and has a systemic impact that is detrimental to the state and society at large. To overcome this problem, the Indonesian legal system provides the option of implementing the death penalty, which is regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption. However, the application of the death penalty has raised significant debate from various perspectives, both legal, philosophical, and sociological, considering that this action is contrary to the principle of respect for human rights. This study will discuss the threat of the death penalty as a form of ultimum remedium, namely as a last resort carried out in certain circumstances, such as when corruption occurs in a crisis or disaster situation. To analyze the effectiveness and urgency of implementing the death penalty in the context of anti-corruption law enforcement, a legal-normative approach is used

Septian Uky Kriscahya; Suwardi Suwardi

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Creditors are parties who have receivables based on agreements or legal provisions that can be collected through legal channels. In the practice of lending, collateral is very important to provide legal certainty and a sense of security for both parties, both creditors and debtors. This study discusses two main problem formulations, namely the position of the guarantee of dependents against creditors when the debtor defaults, and the form of legal protection for creditors if the right of dependency cannot be executed. The method used is normative juridical research that examines the applicable positive legal provisions. The results of the study show that if the debtor defaults, the creditor has the right to execute the collateral object through sale to cover his receivables. However, under certain conditions the right of dependency cannot be executed, so a legal mechanism is needed that provides protection to creditors. This protection is regulated in Law Number 4 of 1996 concerning Dependent Rights, especially in the articles that regulate the definition of dependent rights, the execution process, and the principle of droit de suite which guarantees the rights of creditors to the collateral object even if they change hands. Thus, the legal system of dependent rights is an important instrument in ensuring certainty and legal protection for creditors.

Muhammad Hatta; Dianti Novita Marwa; Lisa Lestari; Lena Mahara Simahate; Herika Novita +1 more

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Cybercrime is an unlawful act committed using the internet based on sophisticated computer technology, networks and other information technologies. This crime not only affects individuals, but also financial institutions, critical infrastructure, and even national and international security. Cybercrime has characteristics that distinguish it from conventional forms of crime, namely the ability to cross geographical boundaries of countries without physical barriers so that in this case this cybercrime is referred to as transnational crime. The purpose of this study is to examine and analyze the position of cybercrime in the perspective of international law and to examine and analyze the position of cybercrime in the perspective of national law. The results of the study were obtained from the perspective of international law, cybercrime has a strategic position as a global threat that requires a cross-country legal approach. Meanwhile, from the perspective of national law, cybercrime has a central position in the reform of the Indonesian criminal law system. Through the formation and improvement of the ITE Law, as well as increasing the capacity of law enforcement and the community, the state seeks to create a safe, fair and responsible digital space

Kadek Ayu Widya Arisanthi

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The development of technology communication and information has produce the phenomenon of digital legacy, which is a person's digital footprint that remains stored and persists after they pass away.This digital legacy not only reflects a person's identity and personal life but also stores sensitive and private data.In the perspective of human rights, the right to privacy is a base right that must be protected, including personal data post-mortem. However, the legal system in Indonesia has not explicitly regulated the protection of digital legacy, resulting in a legal vacuum that potentially violates the right to privacy.This research uses a normative method with a legislative approach and a case approach.The study results show that the absence of national legal norms specifically regulating digital legacy causes society to depend on the internal policies of foreign digital platforms, which do not guarantee justice and human rights protection. National regulations are needed that specifically govern the protection of personal data post-mortem as a form of respect for human privacy and dignity, as well as a tangible manifestation of the state's responsibility to guarantee the human rights of its citizens in the digital era.

Sulis Nurlaila; Nicolo de’Albergati; Muhammad Rifki Nurrasman; Hana Faridah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The phenomenon of victim blaming remains a serious issue in various cases of violence, including family conflicts. Children who experience physical, psychological, or neglect-related abuse often face not only violence but also social stigma that blames them for their circumstances. From a victimology perspective, victim blaming against children in family conflicts occurs due to factors such as patriarchal culture, power imbalances within the family, and a lack of legal awareness regarding children's rights. This study employs a normative juridical method with a qualitative approach to examine the phenomenon of victim blaming against children in family conflicts based on victimology theory. The findings reveal that victim blaming in family conflicts manifests in various forms, including justification of violence against children, minimization of the harm caused, and denial of the perpetrator's role. The psychological and social impacts of this phenomenon are extensive, leading to anxiety, depression, post-traumatic stress disorder (PTSD), and difficulties in forming healthy social relationships. To address this issue, active involvement from families, educational institutions, and child protection organizations is crucial in providing education and advocacy for children's rights. Additionally, victimology perspectives can be utilized to develop policies that support victims, prevent the recurrence of family violence, and minimize the practice of victim blaming against children.

Zaura Zahira Soffa; Tajul Arifin

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of online gambling has become a serious concern in Indonesia, as it provides very easy access for all groups, including teenagers and underage children, to engage in gambling practices. This study aims to examine and analyze the punishment for online gambling offenders from two perspectives: Indonesian positive law and Islamic law. Under national law, Article 303 of the Indonesian Criminal Code (KUHP) regulates criminal sanctions for gambling in any form, including digital formats. Meanwhile, Islamic law strictly prohibits all forms of gambling due to elements of speculation (gharar), one-sided loss, and its contradiction with moral values. This study uses a qualitative approach through literature review by analyzing legal sources such as the Criminal Code, legislation, hadiths, as well as fiqh and tafsir literature. The results show that both Islamic law and national law share common ground in prohibiting gambling and imposing sanctions, although they differ in their methods of implementation. Firm law enforcement and preventive measures are necessary to protect society, especially the younger generation, from the harmful impacts of online gambling.

Edwin Setiawan; Hartiwiningsih Hartiwiningsih

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The rapid development of information technology has significantly changed cybercrime, especially electronic document forgery. This re-search examines the utilization of digital forensics and information technology in proving the crime of electronic document forgery in In-donesia through a normative legal research approach. The research uses a statutory approach and a conceptual approach to analyze the ef-fectiveness of digital forensic methods in uncovering electronic crimes based on certain evaluation criteria including technical feasibility, legal acceptability, and procedural compliance with Indonesian law. The findings show that digital forensics has an important role in in-vestigating electronic document forgery, but faces complex implementation challenges. Key barriers include limited human resources, with only 147 certified digital forensics experts in Indonesia according to verified 2023 data from the Indonesian Digital Forensics Association (AFDI), and legal regulations that have not fully accommodated the evolving digital technology landscape. The research identifies signifi-cant technical barriers, such as the complexity of forensic technology, the volatility of digital evidence, and the rapid advancement of cyber-crime techniques. Through an examination of recent case studies including the Tokopedia data breach of 2023 and the Jakarta Administra-tive Court electronic document forgery case of 2022, this research demonstrates the practical application of digital forensics in Indonesian courts. The research proposes a balanced approach that fulfills both evidentiary and human rights protection requirements in digital inves-tigations. Strategic recommendations include strengthening the capacity of forensic laboratories, harmonizing legal regulations, and im-proving the competence of human resources in technology and law. This research contributes to the conceptual framework of cyber law enforcement by offering a comprehensive perspective on the evidentiary challenges of e-crime in the digital age.

Ketut Ratri Wahyuningsih

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The rapid development of information technology has brought various conveniences to human life, but it also brings new challenges in the form of cybercrime threats. One of these threats is cyberstalking, which is the act of stalking, harassment, or threats through digital media. Cyberstalking utilizes the anonymity of technology to violate the privacy, dignity, and psychological safety of the victim. In Indonesia, the regulation of cyberstalking is implicitly regulated through Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) or in its latest amendment, namely in Law Number 1 of 2024 concerning the Second Amendment to Law Number 1 of 2008 concerning Electronic Information and Transactions and the Criminal Code (KUHP). However, these regulations have not been able to cover the multidimensional dimensions of the crime, such as non-verbal harassment or emotional threats through digital media. This article analyzes cyberstalking in the perspective of Indonesian criminal law by highlighting the existing legal vacuum and the importance of regulatory reform based on the principles of legality, legal certainty, and protection of individual rights. Recommendations include revising the ITE Law, strengthening the capacity of law enforcers, and increasing public awareness to deal holistically with the threat of cyberstalking. With these steps, it is hoped that legal protection for victims can be improved in line with technological developments.

Tasyqi Masyumatul Aulia; Salsa Bila Rahmawati; Firda Kharisma; Lina Marlina

JUREKSI (Journal of Islamic Economics and Finance) 2025 STIKes Ibnu Sina Ajibarang

This research aims to analyze Imam Abu Hanifah's thoughts on salam transactions from an Islamic legal perspective. A salam transaction is a form of sale recognized in Sharia, where payment is made in advance, while the goods are delivered at a later date. This research uses a literature review method with a descriptive analysis approach, examining primary and secondary sources related to Imam Abu Hanifah's thoughts on salam. The results of the research show that Imam Abu Hanifah paid special attention to the valid conditions of salam transactions, with the aim of protecting the rights of both parties and preventing disputes. His thoughts emphasize the importance of clear specifications of goods, delivery time, and price, as well as the prohibition of practices that contain elements of gharar (uncertainty).

Sukino Sukino

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

The highest sovereignty lies in the hands of the people and is carried out based on the Constitution". Likewise, Article 1 paragraph (3) which reads: "The State of Indonesia is a State of Law". Previously known as a state based on law (rechtsstaat). This concept is an elaboration of the Rule of Law concept, guided by the continental European legal system. From the perspective of understanding people's sovereignty, the highest sovereignty lies in the hands of the people. The highest power in the hands of the people is limited by the agreement that they themselves determine together which is stated in the rules of law which culminates in the formulation of the constitution as a product of the highest agreement of all the people. The democratic system as stated in Article 1 Paragraph (2) of the 1945 Constitution of the Republic of Indonesia, that: "is marked by direct democracy by the people, from the people, and for the people". So the head of state who before the amendment was elected by the MPR RI has changed where he is elected directly by the people through the election of the president and vice president and even regional heads (regional elections). Government for the people means that the power given from and by the people to the government must be exercised for the benefit of the people.Therefore, there needs to be government sensitivity to the needs of the people and to the aspirations of the people which need to be accommodated and then followed up through the issuance of policies or through the implementation of government work programs. This paper uses normative legal research conducted with a statutory and conceptual regulatory approach which will later assess the Indonesian General Election in the Pancasila.

Rino Pambudi; Reni Nur Aniroh

Jurnal Miftahul Ilmi: Jurnal Pendidikan Agama Islam 2025 STIKes Ibnu Sina Ajibarang

This article aims to describe the tajdidunnikah for converts in Tanjunganom Village, Kepil District, Wonosobo Regency, where no previous researchers have discussed the theme. This article is a type of qualitative research, primary data through direct interviews with the perpetrators of tajdidunnikah and local community leaders. Secondary data from literature that is relevant to the research. The research instruments were in the form of observation and interviews, then analyzed inductively and descriptively. The findings show that (1) Tajdidunnikah for converts in Tanjunganom Village, Kepil District, Wonosobo Regency was carried out en masse according to Islam by local Kyai, without the involvement of the local Religious Affairs Office (KUA), because they still have Islamic and state marriage books. In this case, the KUA only married the converts, who when they married were already Buddhists. The background of the community who converted to Islam carrying out tajdidunnikah was solely for reasons of caution (ikhtiath) because they had apostatized within a period of 15 years. What they did was without any coercion from any party but was part of an awareness after they consulted with local religious figures. The Islamic legal view regarding this matter is permissible with the argument that tajdid nikah is an action as a step to create comfort of the heart and ihtiyath (caution) which is ordered in religion after someone leaves Islam. (2) From a positive legal perspective, Law No. 1 of 1974 article 26 paragraph 2 is a written law and is generally binding and enforced through the government. However, in this case it cannot be handled by the KUA as the implementing party for the marriage registrar appointed by the state because they still hold a valid marriage certificate. In other words, there is no legal umbrella that orders the issuance of a new marriage book for a Muslim who changes religion and returns to Islam.

Rohmatul Jannah; Keisya Oktavia Afida Denna; Theo Galih Prayudha; Deriel Pratama Putra; Riyan Destra Dwi Ardianto +4 more

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

The urgency of consumer protection in Sharia-compliant transactions has become increasingly prominent alongside the growth of the halal industry and rising public awareness of transactional justice based on Islamic principles. This study aims to formulate the theoretical and normative construction of consumer protection within the framework of Islamic law and to assess its compatibility with Indonesia’s positive legal system. Employing a normative juridical approach combined with a descriptive-analytical method, this research explores primary legal sources including Qur’anic verses, the hadiths of Prophet Muhammad (PBUH), and scholarly opinions found in classical and contemporary fiqh al-mu‘āmalāt literature, as well as secondary legal sources such as Law Number 8 of 1999 on Consumer Protection, fatwas of the National Sharia Council (DSN-MUI), and relevant academic literature. The analysis is conducted through content analysis to extract the values of justice, transparency, and balance of rights and obligations within contractual mechanisms. This study finds that core principles such as truthfulness (ṣidq), disclosure (bayān), and justice (‘adālah) constitute the essential foundation of consumer protection in the Islamic legal perspective. The prohibition of gharar (uncertainty), riba (usury), and tadlīs (fraudulent misrepresentation) is not merely a moral injunction but an integral safeguard mechanism for consumer rights. Furthermore, the institutional presence of supervisory bodies such as DSN-MUI and Sharia certification mechanisms has proven to be strategic, though they continue to face challenges in implementation, socialization, and consumer literacy. The findings also indicate a substantial opportunity for harmonizing Islamic legal principles with the national legal system within the framework of maqāṣid al-sharī‘ah. Therefore, this study recommends strengthening sectoral regulations based on Sharia principles, integrating fatwas into positive legal norms, and enhancing educational capacity for both business actors and consumers in order to realize ethical, equitable, and sustainable transactions.

Bella Putri Sakinah

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

In everyday life, the practice of making agreements is often done simply without written form, especially in social interactions and informal economic activities. This raises legal questions about whether agreements made orally have valid legal force. This study aims to understand the legal position of oral agreements from the perspective of Indonesian civil law, especially regarding the requirements for the validity of an agreement based on the provisions of Article 1320 of the Civil Code (KUHPerdata). This study uses a normative juridical method, with an approach to laws and legal doctrine. The results of the study show that even though they are not made in writing, oral agreements are still valid as long as they meet the applicable legal requirements. However, the problem that often arises lies in the difficulty of proof when peace occurs. Therefore, it is important for parties to consider written records as a form of legal protection.  

Ramlani Lina Sinaulan; Marsha Angelina Utoyo Sinaulan; Mohamad Ismed

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

Community participation in environmental monitoring is an essential component of the environmental legal system in Indonesia. This article aims to examine the strategic role of the community in the national legal framework, particularly under Law No. 32/2009 on Environmental Protection and Management. Using normative juridical methods and descriptive analysis, this article discusses the rights and obligations of the community, forms of participation, and challenges faced in the implementation of environmental supervision. The results of the study show that although the space for participation has been opened legally, in practice, it still faces obstacles such as limited access to information, lack of legal protection, and lack of community capacity. Therefore, strengthening legal literacy, information transparency, and protection of whistleblowers are important steps to encourage the active role of the community. This article recommends a collaborative approach between the state and the community to realise fair, participatory and sustainable environmental governance

Nur Sri Maryam DM

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy proposal by the West Java Provincial Government to introduce mandatory military training for problematic students has sparked public debate concerning its legality, effectiveness, and the state’s approach to addressing juvenile delinquency. This paper analyzes the policy from a legal perspective, particularly in relation to human rights law and the principles embedded in the national education system. Using a normative juridical method with a conceptual and statutory approach, the study finds that the policy potentially violates children's rights, as well as the principles of non-discrimination and fairness in education. Moreover, the coercive approach through military training is deemed incompatible with the spirit of character development, which should be humanistic and participatory. The paper recommends that interventions for problematic students should focus on value-based education, counseling, and empowerment, rather than militarization. Public policy should ensure the protection of children's rights while upholding the principles of proportionality and appropriateness in disciplinary measures.    

Nathania Ratna Debriana; Soraya Firmansjah

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is an important aspect of social and religious life, regulated by religious and state laws. This study aims to analyze the legal consequences of marriages that take place without the presence of a marriage guardian, especially in the context of a prospective bride whose status is a convert. From the perspective of Law No. 1 of 1974 concerning Marriage and the Compilation of Islamic Law, the presence of a marriage guardian is an absolute requirement for the validity of a marriage. This research uses a normative juridical method by utilizing literature studies as legal material to examine more deeply the hierarchy of marriage guardians and the implications arising from marriage without a marriage guardian. The results of this research show that a marriage that is not attended by a legal guardian can result in the invalidity of the marriage, which will have an impact on the legal status of children and women's rights. The case of Rizky Febian and Mahalini's marriage is a concrete example that shows the importance of the presence of a marriage guardian in maintaining the validity of marriage. This research is expected to provide a good understanding of the importance of marriage guardians and the legal procedures that must be followed in marriage, especially for prospective brides who convert to Islam.

Mawaddah Mawaddah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the implementation of sanctions against wealthy customers who delay payments in the perspective of DSN-MUI Fatwa No. 17/DSN-MUI/IX/2000. The study was conducted at PT. BPRS Alwashliyah Gunung Krakatau Medan with a normative and empirical legal approach. The results of the study indicate that the application of sanctions against customers who delay payments is an effort by banks to maintain the smoothness of the financing system. The application of the DSN-MUI fatwa provides a legal basis for Islamic banks in imposing sanctions on wealthy customers who neglect to fulfill their obligations. This fatwa also strengthens the position of banks in the Indonesian civil law system.

Nur Najwa; Dina Safitri; Ahmad Arif Setiawan; Lisnawati Lisnawati

This study examines the application of Qawaid al-Fiqhiyyah al-Ammah in the legal framework of interfaith marriage within Indonesia’s multicultural society, characterized by religious and cultural diversity. The research background highlights the challenge of aligning sharia principles with the social dynamics of a multicultural context, particularly concerning the potential harm of interfaith marriages. The objective is to understand how fiqh principles, such as Ad-Dhararu Yuzal and Kullu Syarthin Mukhaalif Li Ushul al-Syari’ah Fa Huwa Baathil, serve as methodological tools to evaluate the law of interfaith marriage. A qualitative approach is employed, utilizing normative-juridical and descriptive-analytical methods. The normative-juridical analysis involves studying the Qur’an (Surah Al-Baqarah: 221 and Al-Maidah: 5) and fiqh principles, while the descriptive-analytical approach explores the perspectives of fiqh schools (Hanafi, Maliki, Shafi’i, Hanbali) and Indonesia’s social realities. Data were collected through a literature review, including classical fiqh texts, academic journals, and contemporary Islamic legal documents, analyzed deductively and inductively. The study provides a comprehensive understanding of the flexibility of fiqh principles in addressing interfaith marriage challenges while upholding sharia and minimizing social harm.

Intan Nur Laila; Muhammad Suwignyo Prayogo; Iklila Muzayyanah

Jurnal Cakrawala Pendidikan dan Biologi 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study aims to determine how effective the fermentation process is carried out by the microorganism Saccharomyces cerevisiae in a soluble sugar medium, and how the sugar concentration affects the volume of carbon dioxide gas produced. The fermentation process was observed using a balloon as a simple indicator to measure the gas produced. The study was conducted with an experimental approach at MI Jamiyatul Mubtadiin, using three variations of sugar concentration: 10%, 15%, and 20%. The results showed that the higher the sugar concentration, the more carbon dioxide gas was formed. This shows that S. cerevisiae is able to utilize sugar efficiently to produce gas in the fermentation process. In addition to providing scientific understanding, this study is also associated with legal, religious, and philosophical values, thus providing a broader perspective on the application of fermentation in everyday life and education.

Okki Dwi Cahya; Romlah Abubakar Askar

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This study examines the quality of hadiths concerning risywah (bribery) through the classical hadith sciences perspective, focusing on sanad (chain of transmission) and Matan (textual content) criticism. Using a qualitative approach, the research traces the transmission routes and analyzes the content of relevant hadiths sourced from primary collections such as the Kutub Sittah and contemporary scholarly works. The analysis reveals that most hadiths on risywah exhibit significant weaknesses in their sanad, including inconsistencies in transmission chains (idhthirāb), questionable credibility of key narrators, and the presence of unidentified narrators (majhūl al-hāl). Additionally, variations in wording and potential distortions in the matan raise doubts about the authenticity of the hadith content. Nevertheless, some hadiths with stronger sanad, such as those narrated by Abdullah bin 'Amr and Abu Hurairah, serve as solid foundations for reinforcing the prohibition of risywah. The study underscores the necessity of a holistic approach in hadith criticism that integrates sanad verification, Matan analysis, and historical contextualization to preserve the integrity of Islamic legal sources and recommends caution in utilizing problematic hadiths related to risywah.